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LAN63 Turnfurlong Infant School Buckinghamshire

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LAN63 Turnfurlong Infant School Buckinghamshire DETERMINATION Case reference: LAN 63 Applicant: Turnfurlong Infant School, Turnfurlong, Aylesbury Application: For the transfer of a property used as a caretaker’s house from Buckinghamshire County Council to Turnfurlong Infant School following the school’s change of category from a community school to a foundation school with a foundation. Date of direction: 27 March 2015 Direction Under the powers conferred on me by regulation 7 of, and paragraph 17 of Schedule 6 to, The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 I hereby direct that the property known as the caretaker’s house shall not transfer to the trust for Turnfurlong Infant School and it will remain the property of Buckinghamshire County Council. Also an agreement is to be drawn up between the trust for Turnfurlong Infant School and Buckinghamshire County Council granting right of access to the property across the land transferred to the school. The application 1. A letter was received on behalf of Turnfurlong Infant School (the infant school) by the Office of the Schools Adjudicator (OSA) on 16 October 2014 referring a dispute over the ownership of a caretaker’s house (the property). The infant school converted from a community school to become a foundation school with a foundation (commonly known as a trust school) on 1 September 2013. Until 2006 the property had been rented by the caretaker who worked for both the infant school and Turnfurlong Junior School (the junior school) under a shared arrangement. After 2006 it was rented by the caretaker who worked solely for the junior school. The infant school believes that the arrangement made in 2006 included consideration of the use of the property by the infant school when it became vacant and therefore the property was held for the use of the infant school by Buckinghamshire County Council (the local authority). The infant school further argues that as it has greater need for a residential caretaker than the junior school, the caretaker’s house should transfer to the Aylesbury Learning Partnership, the trust for the infant school. Jurisdiction 2. The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 as amended (the Regulations) apply to this matter. I am aware that The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 came into force on 28 January 2014, but by virtue of regulation 8(2) of these regulations, as the proposal to change category was made before this date, the 2007 Regulations continue to apply. 3. Paragraph 2 of Schedule 6 to the Regulations establishes that when a school changes category from community to foundation that all land which immediately before the implementation date was held or used by the local authority for the purposes of the school transfers to the school. 4. The date when a school changes its status from community to become a foundation school is the implementation date. Paragraph 17 of Schedule 6 of the Regulations makes provision that if, “an agreement has not been reached within a period of 6 months from the implementation date, the adjudicator may give a direction determining that matter.” The local authority or the governing body might apply to the Adjudicator for a direction to decide the matter. 5. No agreement was reached between the infant school and the local authority within the prescribed period as to the transfer of the caretaker’s house and the infant school has requested that a determination is made by the Adjudicator. I am satisfied that this matter has properly been referred to me and that I have jurisdiction to consider this matter under the powers conferred on me. Procedures 6. In considering this matter I have had regard to all relevant legislation and guidance. 7. I have considered all the papers put before me including: a. letters and supporting documents from DWF (solicitors acting on behalf of the infant school) and from the infant school; and b. letters and supporting documents from Buckinghamshire County Council (the local authority). 8. I held a meeting with representatives of the infant school and the local authority at the infant school on 27 January 2015 (the meeting) in order to help my understanding of the background to the matter before me and to see the site and location of the caretaker’s house. The headteacher of the junior school also attended at my invitation. Before the meeting I visited the site, with the representatives, to allow me to view it at first hand and so understand the geographical context. Background 9. Turnfurlong Infant School and Turnfurlong Junior School are physically joined. The site contains another school, St Edward’s Roman Catholic Junior School which is completely separate and has no part in this dispute. Turnfurlong Infant and Junior Schools (originally a first and a middle school) opened in 1974. The infant and junior schools were designed together and continue to share some infrastructure. 10. Although originally the two schools had the same governing body, they have had individual governing bodies since 1999. A caretaker lived in the caretaker’s house and worked across both schools until 2006. Line management of the caretaker was provided jointly by the two schools until 2006. 11. In 2006 an agreement was made that the caretaker would be employed solely by the junior school and that the infant school would make separate arrangements. This agreement was made as there were difficulties in the previous arrangement. The agreement in 2006 is viewed as crucial by both parties and I consider this below. 12. The caretaker left his post and the caretaker’s house became vacant by March 2014. In April 2014 the infant school communicated with the local authority that it disputed the ownership of the caretaker’s house and intended to refer the matter to the Adjudicator. The referral was received by the OSA on 16 October 2014. Consideration 13. The infant school believes that it should have the ownership of the caretaker’s house because: a. the caretaker’s house is on the asset register for the infant school; b. the property is on the infant school site, it is necessary to cross the infant school site to access the property and the property is closer to the infant school than the junior school; c. it is unfair that the unusual circumstances which led to the change of caretaking arrangements in 2006 should mean that the infant school loses the right to own or use the property; d. it had understood the agreement in 2006 was that once the caretaker left that consideration would be given to the infant school having use of the property again; and e. both the infant school and the junior school have claims to the property. The infant school argues that the provisions of paragraph 15 Schedule 6 of the 2007 Regulations apply and in particular paragraph 15 (3)(a). This paragraph relates to the division and apportionment of property where the property is used or held for wider purposes than that of one body. This is where there is shared use of some kind. Paragraph 15 (3)(a) specifies that ownership is decided on the basis of need where there is shared use of a property. The infant school argues that the current need for a residential caretaker is higher at the infant school than the junior school therefore the property should transfer to the infant school. 14. The local authority argues that: a. the local authority owns the caretaker’s house and as a residential property it is not in the ‘ownership’ of any one individual school or held for any one school; b. historically the junior school has had greater need and use of the property; c. that the caretaker’s house is excluded from transfer as it is specifically excluded in Education Act 1996 Section 579; d. the agreement in 2006 was that when the caretaker left, it would be the decision of the local authority as to its future use; and e. the infant school has managed for eight years without a residential caretaker and thus cannot show that it needs one. 15. Paragraph 2 (2) of Schedule 6 to the Regulations with regard to land transfers when a school changes category from a community school to a foundation school says that “any land which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school must on that date transfer to, and by virtue of this paragraph vest in— (a) the trustees of the school, to be held by them on trust for the purposes of the school (b) if the school has no trustees, the governing body, to be held by that body for the relevant purposes.” The word “land” includes any buildings on that land. 16. The infant school believes it has a stronger claim to ownership, a view that is not shared by the local authority. I must consider whether the terms for transfer of property on the change of category of the school have been met in relation to the property. 17. The evidence provided to me is that immediately prior to 1 September 2013 the property was lived in by the caretaker for the junior school and he worked only for the junior school having not worked for the infant school since 2006. The property was being held for the use of the junior school’s and not the infant school’s caretaker. As the property was not being used by or held for the purposes of the infant school it was not included in the statutory transfer that took place on the change of category of the infant school.
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